Welcome to Common-Law-Separation-Canada.com, Canada's leading resource for couples who are separating

The latest Canadian census shows that common law relationships are the fastest growing family structure. More and more people are "shacking up" as unmarried partners.

Yet, the legal rights of Canadians living together outside of marriage are unknown or misunderstood - even by those who live in common law relationships. Many people assume -- quite incorrectly -- that people in these relationships have the same legal rights as married couples.

My site is exclusively devoted to explaining the legal rights of partners living common law in Canada when their relationship ends, either through separation or one partner passing away.

Note: In some provinces, common law partners can register as domestic partners and be entitled to the rights and benefits of a "spouse."

In Manitoba, since 2004, there is a new law that after living together for a certain period of time, the property rights of unmarried couples will be the same as the property rights of unmarried couples. Find out about the Manitoba regime. The same thing is true for Saskatchewan.

This site is limited to separation and family law issues that are specific to common law relationships.
A lot of separation and family law issues are the same regardless of whether you're married or not.
For these issues, please visit my main family law website.

A quick summary of the similarities and differences between married and unmarried couples is as follows:

Married

Common Law Ontario

Equalization payment upon separation

yes

no, but may be claim for unjust enrichment

Possession of the matrimonial home upon separation

yes

no

Special treatment of matrimonial home in dividing property

yes

no

Spousal support

yes

yes, if lived together for 3 years or are in a relationship of some permanence and have children

Time limit to apply for spousal support

no

yes in several provinces

Order restraining depletion of property

yes

no, but can use Rules of Civil Procedure for similar sorts of orders

Child support

yes

yes

Child custody

yes

yes

Succession rights if partner dies intestate

yes

no, but may be claim for unjust enrichment

Dependant's relief on death of partner

yes

yes

Equalization payment on death

yes

no, but may be claim for unjust enrichment

Possession of matrimonial home on death

yes

no, but may be able to claim as an incident of support

Common Law Marriage

Note that there is no such thing as common law marriage in any province in Canada. No matter how long you live with your common law partner, you will never be considered married for legal purposes.

Note: Each of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, Newfoundland and Labrador, Prince Edward Island, New Brunswick, Northwest Territories, Yukon, and Nunavut have their own separate statututory regimes regarding common law rights. So your rights upon separation will vary depending on where you live when you separation.